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(a) Purpose and Boundaries. To facilitate the City’s long-term goal of redevelopment and revitalization of a portion of Pier 70, a Special Use District entitled the “Pier 70 Special Use District” (SUD) is hereby established. The boundaries of the SUD are shown on Sectional Map SU08 of the Zoning Map. The purpose of this SUD is to give effect to the Development Agreement (DA) and Disposition and Development Agreement (DDA) for the Pier 70 Mixed-Use Project (Project), as approved by the Board of Supervisors in the Ordinance contained in Board File No. 170863. The Project will provide several benefits to the City, such as a significant amount of affordable housing (through the inclusionary housing requirements of this SUD, and through additional inclusionary requirements, provision of land, and funding for affordable housing as provided for in the Affordable Housing Exhibit of the DDA), increased public access and open space, facilities for small-scale manufacturing, extensive infrastructure improvements, and replacement space for Noonan Building tenants, while creating jobs, housing, and a vibrant community as contemplated under California Assembly Bill 418 (AB 418) (Stats. 2011, ch. 477), which made Pier 70-specific amendments to the Burton Act (Stats. 1969, ch. 1333).
(b) Role of Port Commission. The majority of the property within the SUD is under the jurisdiction of the Port Commission, and Port lands are subject to land use controls additional to this Municipal Code. As authorized under AB 418, the Port may hold, use, conduct, operate, maintain, manage, administer, regulate, improve, sell, lease, encumber, and control nontrust lands and improvements within the SUD for any purpose on conditions specified in AB 418. In the event of a conflict between this Code and the Burton Act, AB 418, or the McAteer-Petris Act (Cal. Gov’t Code §§ 66600 et seq.), state law shall prevail.
(c) Relationship to Design for Development. The Pier 70 Design for Development (Design for Development), adopted by the Planning Commission and Port Commission and as may be periodically amended, sets forth Standards and Guidelines applicable within the SUD and is incorporated here by reference. Any term used in this Section 249.79 and not otherwise defined in this Code shall have the meaning ascribed to it in the Design for Development. The Port shall have exclusive jurisdiction and approval rights over amendments to the Design for Development that affect only open space and right-of-way development within the SUD, which include Design for Development, Chapter 3 (Open Space Network); Chapter 4 (Streets and Streetscapes); Section 7.2 (Street Lighting); Section 7.3 (Open Space Lighting); Section 7.6 (Wayfinding Signage); and Section 7.8 (Public Art). Other than as specified above, the Port Commission and the Planning Commission may amend the Design for Development upon initiation by either body or upon application by an owner or ground lessee of property within the SUD, to the extent that such amendment is consistent with this Section, the General Plan, and the DA. Both the Port Commission and Planning Commission shall approve any such amendment to the Design for Development that does not exclusively affect the open space and right-of-way Chapters and Sections of the Design for Development identified in this subsection (c) as being within the exclusive jurisdiction of the Port Commission.
(d) Relationship to Other Planning Code Provisions. Applicable provisions of the Planning Code shall control except as otherwise provided in this Section 249.79, the Design for Development, and the DA (so long as the DA is in effect). In the event of a conflict between other provisions of the Planning Code and the Design for Development or this Section 249.79 (and further subject to subsection (e) below), this Section 249.79 and the Design for Development shall control.
(e) Development Controls. Development and uses of property within the SUD shall be regulated by the controls contained in this Section 249.79 and in the Design for Development, provided, however, that if there is any inconsistency between this Section and the Design for Development, this Section shall control.
(f) Definitions. If not explicitly superseded by definitions established in this Section 249.79 or the Design for Development, the definitions in this Code shall apply. Later amendments to the definitions in this Code shall apply where not in conflict with this Section 249.79, the Design for Development, or the DA. In addition to the specific definitions set forth elsewhere in this Section 249.79, the following definitions shall govern interpretation of this Section:
“Applicant” means the ground lessee, owner, or authorized agent of the owner or ground lessee of a development parcel.
“Building Standards” means the standards applicable to Buildings and any associated privately-owned open spaces within the SUD, consisting of the standards specified in subsection (h) and the standards identified as such in the Design for Development.
“Executive Director” means the Executive Director of the Port of San Francisco.
“Historic Building” means one of the existing structures commonly known as Historic Building 2, Historic Building 12, or Historic Building 21, which are part of the Union Iron Works Historic District (listed on the National Register of Historic Places).
“Horizontal Development” means construction of Public Facilities.
“Major Modification” means a deviation of 10% or more from any dimensional or numerical standard in this SUD or in the Design for Development, except as explicitly prohibited per subsection (i).
“Minor Modification” means a deviation of less than 10% from any dimensional or numerical standard in this SUD or in the Design for Development, except as explicitly prohibited per subsection (i), or from any non-numerical standard in the Design for Development.
“Proposition F” means the Union Iron Works Historic District Housing, Waterfront Parks, Jobs and Preservation Initiative adopted by the voters on November 4, 2014.
“Public Facilities” include completed utility infrastructure; recreational, open space, and public access areas; public rights-of-way; and other improvements in the public realm that will be under City and Port jurisdiction when accepted.
“Vertical DDA” means a Vertical Disposition and Development Agreement between the Port and an Applicant that sets forth contractual terms and conditions governing the Applicant’s development of Vertical Improvements.
“Vertical Improvements” means new construction of a Building and any later expansion or major alteration of or addition to a previously approved Building within the SUD.
(g) Uses.
(1) Permitted Uses. The following uses set forth in Table 249.79(g)(1) below shall be permitted as indicated within the SUD, where P means Permitted Use and NP means Non-permitted Use.
Pier 70 SUD Parcels (as shown in Figures 1 and 2) | Residential Uses | Institutional Uses | Retail Uses | Office Uses | Entertainment, Arts, and Recreation Uses | Industrial Uses | PDR Uses | Parking Lot | Parking Garage |
Pier 70 SUD Parcels (as shown in Figures 1 and 2) | Residential Uses | Institutional Uses | Retail Uses | Office Uses | Entertainment, Arts, and Recreation Uses | Industrial Uses | PDR Uses | Parking Lot | Parking Garage |
2 | P | P(15) | P(16) | P(17) | P(6)(8) | P(9)(10) | P(11)(12 ) | NP(13) | NP(14) |
12 | NP | P(15) | P(2) (16) | P(3)(4) (17) | P(6)(8) | P(9) | P(11) | NP(13) | NP(14) |
21 | NP | P(15) | P(2) (16) | NP(17) | P(6)(8) | P(9) | P(11) | NP(13) | NP(14) |
A | NP | P(15) | P(2) (16) | P(17) | P(6)(8) | P(9) | P(11) | NP(13) | NP(14) |
B | NP | P(15) | P(2) (16) | P(17) | P(6)(8) | P(9) | P(11) | NP(13) | NP(14) |
C1 | P | P(15) | P(16) | P(17) | P(6)(8) | P(9)(10) | P(11)(12 ) | NP(13) | P |
C2 | P | P(15) | P(16) | NP(5) (17) | P(7)(8) | P(9)(10) | P(11)(12 ) | NP(13) | P |
D | P | P(15) | P(16) | NP(5) (17) | P(7)(8) | P(10) | P(11)(12 ) | NP(13) | NP(14) |
E1 | P | P(15) | P(16) | NP(5) (17) | P(7)(8) | P(10) | P(11)(12 ) | NP(13) | NP(14) |
E2 | P | P(15) | P(16) | NP(5) (17) | P(7)(8) | P(10) | P(11)(12 ) | NP(13) | NP(14) |
E3 | P | P(15) | P(16) | NP(5) (17) | P(7)(8) | P(10) | P(11)(12 ) | NP(13) | NP(14) |
E4 | NP | P(15) | P(2) (16) | P(3)(4) (17) | P(6)(8) | P(9) | P(11) | NP(13) | NP(14) |
F/G | P | P(15) | P(16) | P(17) | P(6)(8) | P(9)(10) | P(11)(12 ) | NP(13) | NP(14) |
H1 | P | P(15) | P(16) | P(17) | P(6)(8) | P(9)(10) | P(11)(12 ) | NP(13) | NP(14) |
H2 | P | P(15) | P(16) | P(17) | P(6)(8) | P(9)(10) | P(11)(12 ) | NP(13) | NP(14) |
PKN | P(1) | P(15) | P(16) | NP(5) (17) | P(7)(8) | P(10) | P(11)(12 ) | NP(13) | NP(14) |
PKS | P(1) | P(15) | P(16) | NP(5) (17) | P(7)(8) | P(10) | P(11)(12 ) | NP(13) | NP(14) |
HDY3 | P(1) | P(15) | P(16) | NP(5) (17) | P(7)(8) | P(10) | P(11)(12 ) | NP(13) | NP(14) |
HDY1/2 | P(1) | P(15) | P(16) | P(17) | P(6)(8) | P(9)(10) | P(11)(12 ) | NP(13) | NP(14) |
Notes:
(1) Ground Floor Residential on Illinois Street is NP.
(2) Tourist Hotel is NP.
(3) Service, Health is NP.
(4) Office Use is NP on Ground Floor.
(5) Office Use is P on Ground Floor only.
(6) Movie Theater is P if no more than three screens.
(7) Movie Theater is NP.
(8) Livery Stables are NP.
(9) Automobile Assembly, Food Fiber and Beverage Processing 1, Light Manufacturing, Metal Working are P. Other Industrial Uses are NP.
(10) Food Fiber and Beverage Processing 1, Light Manufacturing are P on Ground Floor only if Building contains Residential.
(11) PDR Automotive Services Station, Storage, Stable, and Utility Yard are NP. PDR Automotive Service Station are P if Predominant Use is District Garage.
(12) PDR Uses not already restricted as NP herein are P on the Ground Floor only if Building contains Residential.
(13) Parking Lots are NP (except as provided for in Section 249.79(g)(3) as an interim use).
(14) Accessory Parking is P.
(15) Hospital is NP.
(16) Automotive Retail is NP.
(17) The gross floor area of Office uses within the SUD shall not exceed 1.75 million square feet. No amount of Office use may be approved that would cause the total gross floor area of Office use within the SUD to exceed 1.75 million square feet, taking into account the total amount of gross floor area of Office use within Vertical Improvements and Historic Buildings that have received design approval under subsections (l)(6) or (l)(4), as applicable, whether completed or not.
(2) Temporary Uses. The Executive Director may approve without a public hearing any of the following uses (“Temporary Uses”) for a period not to exceed 90 days, or for such longer period of time as may be approved by the Executive Director under any Port lease or license: booths for charitable, patriotic, or welfare purposes; markets; exhibitions, festivals, circuses, musical and theatrical performances and other forms of live entertainment including setup/load-in and demobilization/load-out; athletic events; open-air sales of agriculturally-produced seasonal decorations such as Christmas trees and Halloween pumpkins; meeting rooms and event staging; mobile food and temporary retail establishments; and automobile and truck parking and loading associated with any authorized temporary use. The Executive Director may authorize recurring Temporary Uses (such as a weekly farmers market) under a single authorization.
(3) Interim Uses. The Executive Director may approve any use listed in this subsection (“Interim Use”) without a public hearing for a period not to exceed five years if the Executive Director finds that such Interim Use will not impede orderly development consistent with this Section 249.79, the Design for Development, and the DA. Interim Uses are limited to uses in the existing Historic Buildings, unimproved areas, and open spaces. Any Interim Use listed in this subsection that is integral to development under the DA, DDA, or Vertical DDA, and is permitted by the Port under any Port lease or license shall not require separate authorization as an Interim or Temporary use (for example, uses incidental to environmental clean-up, demolition and construction, storage, and automobile and truck parking and loading related to construction activities). Any authorization granted pursuant to this subsection 249.79(g)(3) shall not exempt the applicant from obtaining any other permit required by law. Additional time for such uses may be authorized upon a new application. Interim Uses the Executive Director may authorize include, but are not limited to:
(A) Retail activities, which may include the on-site assembly, production or sale of food, beverages, and goods, the operation of restaurants or other retail food service in temporary structures, outdoor seating, food trucks, and food carts;
(B) Temporary art installations, exhibits, and sales;
(C) Recreational facilities and uses (such as play and climbing structures and outdoor fitness classes);
(D) Motor vehicle and bicycle parking;
(E) On-site assembly and production of goods in enclosed or unenclosed temporary structures;
(F) Educational activities, including but not limited to after-school day camp and activities;
(G) Site management service, administrative functions and customer amenities and associated loading;
(H) Rental or sales offices incidental to new development; and
(I) Entertainment uses, both unenclosed and enclosed, which may include temporary structures to accommodate stages, seating and support facilities for patrons and operations.
(4) Nonconforming Uses. The Executive Director may allow the reasonable continuance, modification, or expansion of existing uses and structures that do not comply with this Section 249.79 or the Design for Development upon a determination that the use would not impede the orderly development of the SUD consistent with this Section, the DA, the DDA, and any Vertical DDA.
(5) Ground Floor Frontages.
(A) Priority Retail Frontages. As listed below, a minimum of 50% of the shaded Priority Retail Frontage zone shown in Figure 1 shall be occupied by the following uses (each, a “Priority Retail” use) as defined in Section 2.2 of the Design for Development (Ground Floor Uses):
(i) Retail Sales and Service Use (including Personal Services and excluding Health Services, Financial Services, Retail Professional Services, and Retail Automotive Use);
(ii) PDR Use (including Industrial Use); and
(iii) Entertainment, Arts, and Recreation Use.
(B) As an exception to the above, Parcel E4, due to its waterfront location, shall require a minimum of 33% Priority Retail of the extent of the east and south frontages. The Priority Retail uses on Parcel E4 may consolidate required linear feet on a single designated frontage.
(C) The minimum depth of regulated uses for all Priority Retail frontages is 25 feet from the subject facade. A maximum of 40 feet of lobby frontage per building may count towards linear Priority Retail frontage requirement.
(D) Retail and Service Frontages. To embed a broader set of active uses elsewhere on the site, including community facilities and personal services, Retail and Service Frontages shall occur along the northern and southern waterfront edge, as well as along the 200-foot portion of Parcel C1 facing Orton Plaza and on key gateways into the site from Illinois Street and corners adjacent to the Maryland Street corridor between 21st and 22nd Streets, as shown in Figure 1. Specified frontage zones shall be limited to the Priority Retail uses listed in subsection 249.79(g)(5)(A) plus the following additional uses (each, a “Priority Service Use”) for a minimum of 50% of the shaded Retail and Services frontage zone identified in Figure 1:
(i) Health Services;
(ii) Financial Services;
(iii) Retail Professional Services;
(iv) Institutional Use; and
(v) Non-Retail Sales and Service Use;
(vi) For Parcel C1 only, small Offices up to 5,000 square feet;
(vii) For Parcel C1 only, ground floor residential may qualify as a permitted active use to meet this requirement if the building is 100% affordable housing.
(E) The minimum Retail and Service depth shall be \25 feet. If Parcel C1 is built as a garage, the minimum depth shall be 20 feet to preserve parking layout feasibility.
(F) Office Frontages. Ground floor office uses on 20th and 22nd Streets, as shown on Figure 1, shall not exceed 75% of the frontage for Parcels A, B, F, G, HDY, H1, and H2. Remaining portions of those frontages shall provide usable spaces for a viable non-office use, including all Priority Retail uses listed in 249.79(g)(5)(A) and Priority Service Uses listed in 249.79(g)(5)(D).
Figure 1: Ground Floor Frontage Controls.
(h) Building Standards.
Figure 2: Building Heights Maximum.
(2) Measurement of Height. Measurement of Height shall be governed by the controls set forth in Section 6.4 of the Design for Development (Maximum Building Height) and not as provided in Section 260.
(3) Lot Coverage and Rear Yards. Lots shall not be required to comply with any rear yard and lot coverage requirements set by this Code.
(4) Off-Street Parking. Off-street automobile parking shall not be required for any use. Total parking spaces for the SUD shall not exceed the maximum number of spaces listed in the Table 249.79(h)(4) below. Planning will determine compliance with the off-street parking standards in accordance with Subsection 249.79(l)(5) below. These requirements may be modified pursuant to implementation of the Project’s Transportation Demand Management (TDM) requirement, as set forth in the DDA.
(5) Bicycle Parking. The amount of bicycle parking required shall be governed by the controls set forth in the Planning Code, but the location and design of required bicycle parking shall be governed by the controls set forth in the Design for Development.
(6) Dwelling Unit Density. There shall be no density limit for any residential use.
(7) Dwelling Unit Exposure. The provisions of Section 140 shall not apply. Dwelling units in new construction shall face onto one of the following open areas that is open to the sky:
(A) A public street, public alley, or mid-block passage (public or private) at least 20 feet in width;
(B) An exterior courtyard or terrace at least 25 feet in width that is open to a public street, public alley, mid-block passage (public or private);
(C) A public open space that is at least 25 feet in width, including Irish Hill, a landscape feature;
(D) An interior courtyard at least 25 feet in width and a maximum height of 55 feet;
(E) An interior courtyard at least 40 feet in width without regard to height; or
(F) Undeveloped airspace over rooftops of either adjacent buildings within the SUD or a building on the same parcel where such building has been built to the maximum height limit allowed pursuant to this Section 249.79.
(8) Open Space for Dwelling Units. In addition to any publicly-accessible open spaces described in the Design for Development, a minimum of 40 square feet of open space per dwelling unit shall be provided on each residential building parcel. Such open space may be either private or common space, and may be provided in the form of courtyards, terraces, rooftops, balconies, or other facilities. The standards for open spaces shall be governed by the controls set forth in the Design for Development and not as provided in Section 135.
(9) Permitted Obstructions. Permitted obstructions over the street, alley, yard, setback, or open space (also referred to as Projections) shall be governed by the controls set forth in the Design for Development and not as provided in Section 136.
(10) Streetscape Improvements. The streetscape and street tree planting requirements shall be governed by the controls set forth in the Design for Development and not as provided in Section 138.1(c).
(11) Off-Street Loading. The loading requirements of Article 1.5 of the Code shall not apply. Off-Street loading shall be governed by the controls set forth in Section 5.5 and 5.6 of the Design for Development, describing number of loading spaces, loading space locations and dimensions, loading spaces for historic buildings, location of refuse and recycling, and loading access locations.
(12) Signage. The requirements of Article 6 of this Code, as well as the signage guidelines of the Port, shall not apply. Building signage within the Special Use District shall be regulated by Sections 7.5 (General Signage), 7.6 (Wayfinding Signage) and 7.7 (Building Signage) of the Design for Development, regulating signage design and location for buildings and the public realm. Signage regulations in the Design for Development supplement the following signage plans to be approved by the Executive Director and the Planning Department pursuant to the DDA as follows: the Pier 70 Public ROWs Signage Plan, the Pier 70 Park Parcels Signage Plan(s) and the Pier 70 Interpretive Signage Plan(s) to be approved by the Executive Director, and the Pier 70 Building Signage Plan approved by both the Executive Director and Planning Director.
(13) Inclusionary Housing Requirements. The requirements of Section 415 shall apply subject to the following provisions:
(A) For any Rental Housing Project, each housing development project shall pay a fee based on the number of units equivalent to the 23% of the number of units in the principal rental housing project. If the project sponsor is eligible and elects to provide on-site affordable rental units, the number of affordable units constructed on-site shall be 20% of all units constructed on the project site. The Rental Units shall have an affordable rent set at an average of 80% of Area Median Income or less.
(B) For any housing development project consisting of Owned Units, each project shall pay a fee based on the number of units equivalent to the 28% of the number of units in the principal housing project.
(14) Impact Fees. Vertical Improvements within the SUD that are subject to the DA shall be required to pay impact fees in accordance with the DA. In recognition of the high level of in-kind improvements provided under the Design for Development and related project documents, all other Vertical Improvements within the SUD, whether subject to the DA or not, shall not be required to pay the Eastern Neighborhoods Impact Fees and Public Benefits Fund requirements set forth in Section 423.
(15) Transportation Fee. Vertical Improvements that are subject to the DA shall be required to pay transportation fees in accordance with the DA, which fees shall be used by SFMTA in accordance with the Transportation Plan attached to the DA. All other Vertical Improvements within the SUD shall pay to SFMTA a “Transportation Fee” that SFMTA shall use to pay for uses permitted by the TSF Fund under Section 411A.7, including SFMTA and other agencies’ costs to design, permit, construct, and install a series of transportation improvements in the area surrounding the Pier 70 SUD. The Transportation Fee will be calculated for each Vertical Improvement at 100% of the applicable TSF rate without a discount under Section 411A.3(d) as if it were a Project submitted under Section 411A.3(d)(3).
(i) Modifications to Building Standards. Modification of the Building Standards may be approved on a project-by-project basis according to the procedures of set forth below.
(1) No Modifications or Variances Permitted. No modifications or variances are permitted for (A) Maximum Height established under Section (h)(1); (B) maximum building stories established in Standard 6.4.2 of the Design for Development (Maximum Stories); (C) maximum off-street parking ratios (except as provided in subsection (l)(5) below); (D) minimum required bicycle parking quantities established in Article 1.5 of the Planning Code; or (E) Standard 6.18.1 (Key Facades 200-350 Feet in Length) and Standard 6.18.2 (Key Facades 350 Feet or More in Length) of the Design for Development regulating architectural treatment of primary and secondary facades. Except as explicitly provided in subsections (i)(2) and (3) below, no other standard set forth in this Section 249.79 or in the Design for Development shall be modified or varied.
(2) Minor Modifications. The Planning Director may approve a Minor Modification administratively by the procedures described in subsection 249.79(l)(6)(A).
(3) Major Modifications. The Planning Commission shall hear any application for a Major Modification according to the procedures described in subsection 249.79(l)(6)(B).
(j) Review and Approval of Development Phases and Horizontal Development. The Port Commission shall grant a Phase Approval in accordance with the DDA for the Phase that includes the applicable Vertical Improvements before Planning may approve an application for design review under this Section 249.79. In addition to any hearings required under the DDA, prior to Port Commission approval the Developer shall make an informational presentation of each Phase Submittal to the Planning Commission and the Historic Preservation Commission, and seek comment from these commissions. Pursuant to subsection (l)(5) below and as further established in the DDA, the Planning Director shall review the off-street parking program proposed in the subject phase for consistency with the off-street parking requirements set forth in this Section 249.79 prior to Port Commission approval of the Phase Application.
(k) Review and Approval of Open Space. The Port Commission shall have exclusive jurisdiction over the review of proposed publicly-owned open space within the SUD for consistency with the Design for Development, including program, design, and the inclusion of any ancillary structures. Any privately-owned publicly-accessible open space on any of the development parcels shall be reviewed and approved by Planning as part of the associated Vertical Improvement.
(l) Design Review and Approval of Vertical Improvements.
(1) Applications. Applications for design review are required for all Vertical Improvements prior to issuance of building permits. An application for design review shall be filed at the Port by the owner or authorized agent of the owner of the property for which the design review is sought. Each application shall include the documents and materials necessary to determine consistency with this Section and the Design for Development, including site plans, sections, elevations, renderings, landscape plans, and exterior material samples to illustrate the overall concept design of the proposed buildings. If an Applicant requests a Major or Minor Modification, the application shall contain descriptive material such as narrative and supporting imagery, if appropriate, that describes how the proposed Vertical Improvement meets the intent of the SUD and Design for Development and provides architectural treatment and public benefit that are equivalent or superior to strict compliance with the standards.
(2) Completeness. Port and Planning staff shall review the application for completeness and advise the Applicant in writing of any deficiencies within 30 days after receipt of the application or, if applicable, within 15 days after receipt of any supplemental information requested pursuant to this Section. Review by Port staff shall also include a review for compliance with the requirements of the applicable Vertical DDA (or, if the Vertical DDA has not been executed at the time of application submittal, for compliance with the requirements of the form of Vertical DDA approved by the Board of Supervisors and the information provided in Developer’s applicable Appraisal Notice submitted under the DDA).
(3) Staff Design Review of Buildings. Each application for Vertical Improvements shall be subject to the administrative design review process set forth in this subsection (l). Upon a determination of completeness (or deemed completeness), staff shall conduct design review and prepare a staff report determining compliance of the Vertical Improvement with this Section 249.79 and the Design for Development, including a recommendation regarding any modifications sought. Such staff report shall be delivered to the Applicant and any third parties requesting notice in writing, shall be kept on file, and posted on the Department’s website for public review, within 60 days of the determination of completeness.
If staff determines that the Vertical Improvement is not compliant with the Design for Development and this Section 249.79, it will notify the Applicant within the applicable 60-day period, in which case, the Applicant may resubmit the Application and the requirements under subsection (l)(1) through subsection (l)(3) apply anew, except the time for staff review shall be 30 days.
(4) Port Review of Historic Buildings. Following the informational presentation by the Developer and receipt of comments, if any, from the Planning Commission and Historic Preservation Commission pursuant to subsection (j) above, Port staff shall review schematic designs for each Historic Building in accordance with the procedures set forth in the ground lease between Port and the Applicant for the applicable Historic Building. Port staff review shall include a determination of consistency with the Design for Development and applicable mitigation measures, including compliance with Secretary of the Interior’s Standards for the Treatment of Historic Properties.
(5) Off-Street Parking. It is the intent of this SUD that at full build-out of all parcels in the SUD, the total number of off-street parking spaces within the SUD shall not exceed the applicable maximum parking ratios specified in Table 249.79(h)(4) above. The maximum parking ratios shall not apply to individual Vertical Improvements or parcels, but shall be considered cumulatively for the SUD as a whole. As part of the Phase Submittal process required under the DDA and discussed in subsection (j) above, the Port shall refer to the Planning Director for approval the parking data information submitted by the developer setting forth the total number of residential units and total gross floor area of office space for the proposed phase and for all prior approved phases (without regard to whether or not the Buildings have been constructed) along with an updated estimate of maximum future buildout of residential units and office spaces within the SUD. For Phases 1 and 2, the Phase Submittal may exceed the maximum parking ratios for proposed and previously approved parking spaces by up to 10%, provided the cumulative buildout for that phase does not exceed 90% of the expected full buildout within the SUD for either residential units or office space. For Phases thereafter, the Planning Director may determine whether to allow a 10% deviation above the maximum parking ratios allowed for the SUD, taking into account the expected Project program at full build-out. To ensure compliance with the maximum parking ratios on a periodic basis during the phased build-out of the SUD, Planning shall not otherwise approve new off-street parking proposed within a Vertical Improvement if it determines that the amount of off-street parking proposed for the Vertical Improvement would cause the SUD to exceed the total number of parking spaces approved under the current Phase Submittal plus all prior approved Phase Submittals.
(6) Approvals and Public Hearings for New Development.
(A) New Construction. Within 20 days after the delivery and posting of the staff report in accordance with subsection (l)(3), the Planning Director shall approve or disapprove the Vertical Improvement design and any Minor Modifications based on its compliance with this Section 249.79 and the Design for Development and the findings and recommendations of the staff report. If the Vertical Improvement is consistent with the numeric standards set forth in this Section 249.79 and the Design for Development, the Planning Director’s discretion to approve or disapprove the Vertical Improvement shall be limited to the Vertical Improvement’s consistency with the non-numeric elements of the Design for Development and the General Plan. Notwithstanding any other provisions of this Section 249.79, the Planning Director may refer an Application that proposes modification to the non-numeric elements of the Design for Development, even if not otherwise classified as a Major Modification, to the Planning Commission as a Major Modification if the Planning Director determines that the proposed modification does not meet the intent of the Standards set forth in the Design for Development.
(B) Vertical Improvements Seeking Major Modifications. Upon delivery and posting of the staff report under subsection (l)(3), the Planning Commission shall calendar the item for a public hearing within 20 days or at the next regular meeting thereafter of the Planning Commission (or special meeting, at the Planning Commission’s discretion), subject to any required noticing, for any application for Vertical Improvements seeking one or more Major Modifications and for any Vertical Improvement seeking Minor Modifications that the Planning Director, in his or her sole discretion, refers as a Major Modification. The Planning Commission shall consider all comments from the public and the recommendations of the staff report and the Planning Director in making a decision to approve or disapprove the Vertical Improvement design, including the granting of any Major or Minor Modifications.
(C) Notice of Hearings. Notice of hearings required by subsection (B) above shall be provided as follows:
(i) by mail not less than 20 days prior to the date of the hearing to the Vertical Improvement applicant, to property owners within 300 feet of the exterior boundaries of the property that is the subject of the application, using for this purpose the names and addresses as shown on the citywide assessment roll in the Office of the Tax Collector, and to any person who has requested such notice; and
(ii) by posting on the subject property at least 10 days prior to the date of the hearing.
(m) Building Permit Approval. For projects subject to the jurisdiction of the Port, the Chief Harbor Engineer shall review each building permit application for consistency with the authorizations granted pursuant to this Section 249.79. For projects outside the jurisdiction of the Port, DBI shall review each permit application for consistency with the authorizations granted pursuant to this Section 249.79. The Chief Harbor Engineer and DBI shall not issue any building permit for work within the SUD that has not obtained design review approval in accordance with subsections (l)(6)(A) and (B) above to the extent applicable, or is inconsistent with standards in this Section 249.79 or the Design for Development.
(n) Change of Use. Before issuing any building permit or other permit or license, or for a permit of Occupancy that would authorize a new use, a change of use or maintenance of an existing use of any land or structure contrary to the provisions of this Section 249.79 or the Design for Development, the Chief Harbor Engineer or DBI, as applicable, shall refer the matter to the Planning Department for a consistency determination to be provided to the Chief Harbor Engineer or DBI, as applicable, within 15 days of referral.
(o) Discretionary Review. No requests for discretionary review shall be accepted by the Planning Department or heard by the Planning Commission for any Building in the SUD.
AMENDMENT HISTORY
Divisions (g)(5)(vii)-(viii) redesignated as divisions (g)(5)(vi)-(vii); Ord. 202-18, Eff. 9/10/2018.